Anne Kiunuhe

Anne Kiunuhe

Partner | ALN Kenya | Anjarwalla & Khanna

Physical Address:

ALN House, Eldama Ravine Close, Off Eldama Ravine Road, Westlands

Postal Address:

P O Box 200-00606, Sarit Centre, Nairobi, Kenya

Telephone:

+254 20 364 0000

Email Address:

  1. Background

    Anne is a Partner in the Corporate department at Anjarwalla & Khanna and an Advocate of the High Court of Kenya.  With over fifteeen years of experience as a corporate lawyer, Anne specialises in mergers and acquisitions, IT & telecommunications law, competition law and intellectual property law.

    She has been involved in a number of prominent corporate law transactions in Kenya and has represented multinational corporations such as Helios Investment Partners, Vivo Energy, Telkom Kenya, Godrej Group and Schneider Electric and is a recognised leader in her field.

    Anne also co-heads A&K’s Competition Law Practice and has spearheaded multiple initiatives in antitrust law development in Kenya and and COMESA, including organising and speaking at conferences in several countries across Africa and in the US as well as representing Kenyan stakeholders at multiple COMESA Competition Workshops where Guidelines for the COMESA Competition Regime have been passed and then operationalised.  She is a regular speaker at corporate law conferences and an ardent writer on contemporary legal topics and the Editor of Legal Notes, a quarterly newsletter published by ALN (an alliance of top tier law firms in 15 African Jurisdictions).

    She is ranked by the Chambers Global Legal Directory, which has described her as a “very positive and sparky” lawyer and receiving client praise for her drafting skills and contracts analysis.  In addition, Anne has been voted one of Kenya’s best M&A lawyers by IFLR1000 as well as Best Lawyers International, the oldest and most respected worldwide legal peer review guide.  Anne won the CfC Stanbic Rising Star Award 2015 in the Professional Services category. The award celebrates and recognises young, talented people in the work place, aged 28-40, who have a capacity for achievement, success and make a valuable difference.

  2. Professional Membership
    • Law Society of Kenya
  3. Professional Qualifications

    2004: Postgraduate Diploma in Law, Kenya School of Law

    2003: LL.B, Bachelor of Laws, University of Nairobi, Kenya

    1999: Certified Public Accountant (CPA) Section IV, Visions Institute of Professional Studies

  4. Career Summary

    2009 – Date: Partner, Anjarwalla & Khanna

    2008: Associate (Secondment), Stephenson Harwood, London

    2006 – 2008: Senior Associate, Kapila Anjarwalla & Khanna Advocates

    2005: Associate (Secondment), Ringo & Associates Advocates, Tanzania

    2004 – 2005: Associate, Anjarwalla Abdulhussein & Co. Advocates

    2004: Legal Assistant (Secondment), Barclays Bank of Kenya, Legal & Company Secretarial Department

    2003 – 2004: Legal Assistant, Kapila Anjarwalla & Khanna, Advocates

  5. Awards and Accolades
    • Anne is ranked under the Corporate/M&A catgory by Chambers Global 2017 – 2021.
    • Anne is recognised under the Competition/Antitrust spotlight table by Chambers global, 2020 – 2021.
    • Anne is ‘highly regarded’ in the areas of Corporate and M&A by IFLR1000 in 2018 – 2021.
    • Anne is recommended by Legal 500 2017 – 2021.
    • Anne is ranked as Competition Lawyer of the Year in Kenya in 2019 by Global Law Experts Annual Awards.
    • Anne was voted one of the best M&A Lawyers in Kenya by Best Lawyers International 2014 and 2015, the oldest and most respected worldwide legal peer review guide.
    • Anne won the CfC Stanbic Rising Star Award 2015 in the Professional Services category.
    • In 2014, Anne was chosen as one of Kenya’s ‘Top 40 Women Under 40’ by Kenya’s leading business newspaper, the Business Daily.

    ‘Anne Kiunuhe is an outstanding lawyer. Her technical knowledge is second to none and she has really gone the extra mile to make sure that we have been able to meet the tight deadlines whilst producing work of exceptionally high quality.‘ – Legal 500, 2021.

    “a key name for telecoms M&A [work]” – Legal 500, 2020.

    “She’s very good, very sharp and very smart.” – Chambers Global 2018.

     

  6. Publications
    • Anne contributed to Getting the Deal Through – Cartel Regulation 2018 – Kenya
    • Anne contributes to the Practical Law Competition multi-jurisdictional monthly.
    • Anne contributed to the Global Competition Review, Kenya Overview – African and Middle East Anti-trust review 2016.
    • Anne also contributed to the International Comparative Guide to Cartels and Leniency 2016.
  7. Top Matters

    Corporate M&A

    • Acting for Telkom Kenya (TKL), a licensed mobile telephony company in Kenya which is jointly owned by Helios Investment Partners (Helios), a private equity investing firm operating in Africa and based in London and The Government of Kenya, in connection with their restructuring to create an infrastructure and digital services company, a mobile financial services business company and a retail company. The deal involves a transfer of assets, businesses, and employees.
    • Acting for Airtel Africa, a subsidiary of Bharti Airtel, a global telecommunications company with operations in 20 countries across Asia and Africa and a customer base of 91 million, as the lead Africa legal adviser coordinating transactional, regulatory (telecom and mobile money) and competition advice over 14 jurisdictions in connection with the its listing on the London Stock Exchange, one of the largest IPOs of an African business in the London market.
    • Acting for Telkom Kenya, a mobile telephony company in Kenya partly owned by the Government of Kenya and Helios Investment Partners, a private equity firm operating in Africa and based in London, in connection with its proposed merger with Airtel Kenya, navigating a heavily regulated industry with multiple approvals required from at least 4 regulators, and obtaining the competition and regulatory approvals required in connection therewith.
    • Acting for Equity Group Holdings (EGH), one of the largest commercial banks in Africa by number of customers and publicly traded on the Nairobi, Ugandan and Rwandan securities exchanges, in connection with the acquisition of 66.53% stake in Banque Commercial Du Congo (BCDC), the oldest bank in the Democratic Republic of Congo (DRC).
    • Acting for Vivo Energy Investments, a company incorporated in the Netherlands  and listed on the London Stock Exchange and with operations in marketing and distributing petroleum products under the ‘Shell’ brand and Engen brand in 23 countries across Africa, in connection with a 50% acquisition of Kuku Foods, a company that operates fast food restaurants under the KFC (Kenturcy Fried Chicken) brand in various African countries including Kenya, Uganda and Rwanda which are part of the current acquisition, to create a joint venture between Vivo Energy and Kuku Foods.
    • Acting for Emerging Capital Partners, a US based Private Equity fund, in connection with the acquisition of a majority stake in ArtCaffe Kenya (Artcaffe), a leading restaurant chain in Kenya.
    • Advising Société BIC S.A. (Bic) – a corporation headquartered in France and involved in the business of manufacture and distribution of consumer products such as stationery, lighters and shavers, in connection with the termination of the franchise agreement with Haco Industries Kenya (Haco) and the subsequent purchase of the stationery and shavers manufacturing and sale and distribution of stationery, lighters and shavers business from Haco.
    • Acting for Liberty Holdings (Liberty), a company listed on the Johannesburg Stock Exchange and its Kenyan subsidiary – Stanlib Kenya (Stanlib), in connection with their 100% sale of the first listed investment real estate investment trust in Kenya (the Stanlib Fahari I-Reit) and a Unit Trust, each regulated by the Capital Markets Authority of Kenya to ICEA Lion Asset Management.
    • Acting as lead counsel for Telkom Kenya (TKL), a mobile telephony company in Kenya partly owned by the Government of Kenya and Helios Investment Partners, a private equity firm operating in Africa and based in London, in connection with the proposed sale transfer of TKL’s subsea fiber optics rights in three subsea fiber optics.
    • Acting for Bharti Airtel International (Netherlands), a subsidiary of Bharti Airtel, a global telecommunications company with operations in 20 countries across Asia and Africa, including providing advice in connection with their due diligence process, transaction, regulatory (telecom and mobile money) and competition matters over 14 jurisdictions in Africa in connection with a USD 1.25 billion investment in a newly formed holding company Airtel Africa by six leading global investors, including Warburg Pincus, Softbank, Temasek and Singtel.
    • Acting for Emerging Capital Partners, a US based Private Equity fund, in connection with the sale of its stake in Java House, the East Africa’s leading coffee-led casual dining chain, to Abraaj Group, a leading investor operating in growth markets, including preparing a report in respect of the real estate portfolio of Java House and in particular, conducting a thorough review of over 70 short term leases and licences in respect of all the locations where the coffee chain has an outlet and offices and liaising with our Rwandan and Ugandan ALN firms on the review of the leases in their respective jurisdictions.
    • Acting for Telkom Kenya (TKL), the sole provider of landline phone services in Kenya, in connection with the sale and lease-back of its towers and passive infrastructure assets.
    • Acting for Essar Telecom Kenya, a mobile telecommunications service provider in Kenya trading under the “YuMobile” brand, in connection with its divesture from Kenya and resultant consolidation of the mobile telecommunications market in Kenya from 4 to 3 players through the sale of a substantial part of Essar’s mobile business to Airtel and Safaricom- both licensed mobile telecommunications service providers in Kenya, including advising on deal structure and regulatory approval process with the Communications Authority of Kenya, the Competition Authority of Kenya and COMESA Competition Commission; negotiating various transactional documents including share purchase agreements and asset purchase agreements; coordinating transfers of leases, novation and assignments of supplier, distributor, and service provider contracts, and providing legal advice on all other related aspects of asset transfer and consolidation of operations.
    • Acting for Atlas Mara Co-Nvest (ATMA) – a financial services holding company with subsidiaries and investments in over ten jurisdictions in procuring merger approval from the COMESA Competition Commission in connection with the cross-border acquisition in, amongst others, Zimbabwe, Zambia and Rwanda, of ABC Holdings, ADC African Development Corporation AG and the commercial banking assets and liabilities of the Development Bank of Rwanda.
    • Acting as local counsel in Kenya (and also co-ordinating the transaction in Tanzania, Uganda and Zambia) for Bharti Airtel, the largest cellular service provider in India, on its acquisition of Zain Africa’s assets, across 15 African countries, including assisting Bharti Airtel to obtain clearance from the Commissioner of Monopolies in connection with the transaction.
    • Acting as local counsel for Airtel Kenya, part of Bharti Airtel of India and Kenya’s second largest cellular company by subscribers, on revising its USD120m medium term note programme.
    • Providing and co-ordinating corporate and investment advice in 15 countries in Africa to Tech Mahindra, a leading communications service provider which has been contracted by Bharti Airtel to provide to Bharti Airtel business process outsourcing and telecommunications services in respect of its operations in various African countries.
    • Providing and co-ordinating corporate and investment advice in 15 countries in Africa to Tech Mahindra, a leading communications service provider which has been contracted by Bharti Airtel to provide to Bharti Airtel business process outsourcing and telecommunications services in respect of its operations in various African countries.
    • Acting for Tata Communications – a leading global provider of telecommunication products and listed on the Bombay Stock Exchange and the National Stock Exchange of India and its ADR are listed on the New York Stock Exchange on its proposed set up in Kenya and several other African jurisdictions, including advising it on the telecommunication licences required in Kenya, Tanzania, Angola, Nigeria.
    • Acting for Avaya Communications – a privately held telecommunications company previously listed on the New York Stock Exchange in its establishment in Kenya, Nigeria, Zambia, Tanzania and Ghana and advising it on telecommunication licensing in the various jurisdictions required in connection with the 5 year deal on outsourcing solutions entered into between Bharti Airtel and Avaya in 16 African countries.

     

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